문화헌법에 관한 비교헌법적 연구와 헌법개정안

Abstract

This paper is on the cultural articles of the Constitution, namely the Cultural Constitution, and it has been examined in a comparative constitution and proposed a revised cultural constitution. The Cultural Constitution is classified into national objectives, basic rights, and general regulations. As economic standards rise and interest in the quality of life increases, interest in basic cultural rights is reflected more actively in the revision of the Cultural Constitution. The state goal articles are divided into types such as emphasizing traditional culture or ethnic culture, and emphasizing cultural diversity. The content seems to reflect the situation of each country in terms of promoting traditional culture and promoting cultural diversity. There were relatively few cases where basic rights were prescribed for culture. This is because, under the influence of the basic rights system that emerged from the Constitution of modern constitutionalism, the articles on culture are not considered universal. Also, this may be because the nature of culture makes people see it as a social issue rather than a national one. As the people's economic level increases and interest in the quality of life increases, in near future, culture can become a national issue if it is included as a core part of the right to live a human life. It is high time that we should avoid the traditional view on culture and prepare for a desirable revision proposal of cultural constitution.